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Yesterday the United States Court of Appeals for the Seventh Circuit weighed in on the consumer class action standing issue.  The court found that Barnes & Noble customers have standing to pursue a class action concerning the hacking of the retailer’s PIN pads.  In doing so, the Seventh Circuit reversed a district court ruling dismissing the complaint for failure to adequately plead damages.  The Court of Appeals determined that the time value of money which had been removed from plaintiffs’ accounts (even though it was ultimately returned), the costs of credit monitoring, and the time invested to create new accounts all were sufficient to provide standing. Continue Reading The Seventh Circuit Weighs In On Standing

In August, the United States Court of Appeals for the DC Circuit revived a class action lawsuit, holding that the threat of harm from a data breach is enough to satisfy the “injury in fact” standing requirement. Attias v. Carefirst, Inc., 865 F.3d 620 (DC Cir. 2017). The defendant, a group of health care insurers, filed a Petition for Writ of Certiorari to the United States Supreme Court on October 30 of last year. While the Supreme Court is deciding whether to grant the pending Petition, it is worthwhile to briefly review the standing question in the context of protecting your business from liability. Continue Reading Can’t This Just Be Over? Standing In Cybersecurity Claims